合伙人股權退出機制如何進行設計?
發布時間:2021-08-13 發布人:山東股章瀏覽次數:712次 來源:www.newadnetwork.com
創業公司的發展過程中總是會遇到核心人員的波動,特別是已經持有公司股權的合伙人退出團隊,如何處理合伙人手里的股份,才能免因合伙人股權問題影響公司正常經營。
In the development process of start-up companies, there will always be fluctuations in core personnel, especially when partners who already hold the company's equity withdraw from the team. How to deal with the shares in the hands of partners in order to avoid affecting the normal operation of the company due to partner equity problems.
1、提前約定退出機制,管理好合伙人預期。
1. Agree on the exit mechanism in advance and manage the expectations of partners.
提前設定好股權退出機制,約定好在什么階段合伙人退出公司后,要退回的股權和退回形式。創業公司的股權價值是所有合伙人持續長期的服務于公司賺取的,當合伙人退出公司后,其所持的股權應該按照一定的形式退出。一方面對于繼續在公司里做事的其他合伙人更公平,另一方面也便于公司的持續穩定發展。
The equity withdrawal mechanism shall be set in advance, and the equity and return form to be returned after the partner withdraws from the company at what stage shall be agreed. The equity value of a start-up company is earned by all partners who continue to serve the company for a long time. When partners withdraw from the company, their equity should withdraw in a certain form. On the one hand, it is more fair to other partners who continue to work in the company, on the other hand, it is also conducive to the sustainable and stable development of the company.
2、股東中途退出,股權溢價回購。
2. Shareholders withdraw halfway and buy back their shares at a premium.
退出的合伙人的股權回購方式只能通過提前約定的退出,退出時公司可以按照當時公司的估值對合伙人手里的股權進行回購,回購的價格可以按照當時公司估值的價格適當溢價。
The way of equity repurchase of withdrawing partners can only be through the withdrawal agreed in advance. At the time of withdrawal, the company can repurchase the equity in the hands of partners according to the valuation of the company at that time, and the repurchase price can be appropriately premium according to the valuation price of the company at that time.
3、設定高額違約金條款。
3. Set high liquidated damages clause.
為了防止合伙人退出公司但卻不同意公司回購股權,可以在股東協議中設定高額的違約金條款。
In order to prevent partners from withdrawing from the company but do not agree with the company to repurchase equity, a high penalty clause can be set in the shareholders' agreement.
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